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SCA/91/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 91 of 2011
With
SPECIAL
CIVIL APPLICATION No. 92 of 2011
=========================================================
BHAVNAGAR
MUNICIPAL CORPORATION - Petitioner(s)
Versus
VIJAYBHAI
NANJIBHAI MAKWANA - Respondent(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1,
MR YOGEN
N PANDYA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 08/09/2011
ORAL
ORDER
1. The
respondent-workman has filed affidavit as required under Section 17-B
of the Industrial Disputes Act, 1947 to claim benefits flowing from
the said Section. In response to that affidavit, the
petitioner-Corporation has filed Further Affidavit in Reply on behalf
of the petitioner affirmed by one Shri Rameshbhai Karmanbhai
Jogarana, wherein the opponent has annexed photograph showing that
the respondent-workman is earning from the activity visible from the
photograph.
2. Section 17-B of the
Industrial Disputes Act, 1947 clearly provides that, ‘unless he is
employed in any establishment’. The photograph produced by the
deponent cannot be construed to mean that the respondent-workman is
employed in an establishment. It is a fact, of which a judicial
notice can be taken that a person, to keep his soul and body
together, as to undertake some activity by which he may earn his
bread.
3. In view of the
aforesaid, the petitioner-Corporation is directed to pay the benefits
as contemplated under Section 17-B of the Industrial Disputes Act,
1947. The amount shall be paid as early as possible, but not later
than 30.09.2011.
The matters be listed
for final hearing in regular course.
(Ravi
R.Tripathi, J.)
*Shitole
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